FSH 1809.12 - JOB CORPS CIVILIAN CONSERVATION CENTER HANDBOOK 1/83 WO AMENDMENT 1 458 - Reviews The minutes, bank reconciliations, status of savings accounts and all other ledgers and records associated with the official activities of the association shall be made available to authorized representatives. The Department of Labor shall make annual reviews of the activities and transactions of corpsmember welfare associations concurrent with the annual Department of Labor review of the centers. Reports of association reviews shall receive the same distribution as regular center review reports. 459 - Alleged Mishandling of Funds In any instance where fraud, theft, or other complaints of a serious nature are suspected, the facts shall be referred by the Center Director to the Forest Supervisor who will notify the Forest Service Regional Director of Law Enforcement. Pending the results of an investigation, the Center Director may suspend any or all officers of the association. 460 - CLAIMS 461 - Tort Claims Section 416 of the Comprehensive Employment and Training Act of 1973, as amended, provides that a Job Corps enrollee shall be deemed to be an employee of the U.S. Government for the purposes of Federal Tort Claims provisions of Title 28, United States Code 2672. VISTA volunteers are also employees of the Government for these purposes. (20 CFR 684.84) Payment of claims against the Government, up to $2,500, will be made out of funds allocated to the Forest Service. Any claim above $2,500 will be paid by the Treasury Department out of a special claims fund. See FSM 6573.22c for processing procedure of claim file. The Regional Solicitor, DOL, will settle or deny such claims. The Center Director shall make available a copy of Forest Service tort claim procedures to a Job Corps claimant, and assist corpsmembers to follow the provisions therein. 1. Claimant Procedures a. Claims for Damage, Loss, or Destruction of Property,Personal Injury, or Death. Claims for damage to, or loss or destruction of property, and claims for personal injury or death may be presented by the owner of property, by the injured person, or by a duly authorized agent or legal representative. If filed by an agent or legal representative, the claim must show the title or capacity of the person presenting it, and must be supported by accompanying evidence of the vesting of such person with authority to file such a claim. b. Form of Claim. Claims should be submitted on Standard Form 95, Claims For Damage, Injury, or Death, or should consist of a written statement including the claimant's name and address, the amount of the claim, the facts and circumstances surrounding the accident or incident in detail, the date and time of day, and the place, property and persons involved. Claims statements must specify the nature and extent of the damage, loss, destruction or injury, and, if possible, cite the names and addresses of witnesses, Government employees, representatives, agents, or other persons involved. The claimant must indicate whether any insurance coverage applies to the subject claim and whether any sums may be due or were recovered pursuant to such coverage. The claimant may file a legal brief in support of the claim. In cases involving claims by more than one claimant arising from a single incident or accident, individual claims shall be filed. c. Evidence to be Submitted. The liability of the Government and the amount claimed must be substantiated. 2. Property Damage. All statements or estimates must be made by reputable persons familiar with the subject matter or the claim. If the claim includes any payments made by the claimant, itemized receipts or other proof evidencing such payments must be included. (Detailed instructions appear on the reverse of Standard Form 95.) 3. Personal Injury. Claims for personal injury must be substantiated by medical bills, medical reports, and proof of wage loss. The Government reserves the right to demand additional proof of ownership, or right to recover for alleged losses, as well as the right to examine any person injured or any property damaged. 4. Filing of Claims. Claimants shall file claims with the Center Director for investigation and documentation, except for center staff claims which are handled internally by the Forest Service. 5. Documentation of Claims. In order to document tort claim cases properly for final determination by the appropriate claims officer, the Center Director shall ensure that: a. Claims are investigated fully by qualified personnel. Only Center personnel trained in tort claims procedures must be assigned responsibility for preparing reports and other documentation concerning a claim. b. A report of investigation is included as part of the documentation of all tort claims and must include a statement to show exactly which duties, if any, the corpsmember was performing at the time of the incident. A simple statement that the corpsmember was on "official business" is not acceptable. If the investigation officer concludes that the corpsmember was not in the scope of training, the officer should set forth the reasons for the conclusion expressed. c. The "scope of training" is probably the most essential element in any determination of a Federal tort claim. Therefore, it is essential that each documented case contain an explicit statement of fact by cognizant operations personnel as to the exact nature of the corpsmember's duties and actual conduct at the time of the alleged incident giving rise to the tort claim. Conclusions of law in these matters should be left for decision by appropriate legal offices. d. The following forms, procured through established supply channels, shall be used in documenting the claim whenever applicable: AD-278 Supervisor's Report of Accident SF-91 Operator's Report of Motor Vehicle Accident SF-91A Investigation Report of Motor Vehicle Accident SF-94 Statement of Witness SF-95 Claim of Damage, Injury, or Death JC-515 Accident Report OF-26 Data Bearing on Scope of Employment of Motor Vehicle Operator 6. Disclosure of Information. The contents of any file or record or copies thereof within the control of the Department of Labor Claims Officer shall be disclosed or furnished in accordance with the requirements of the Privacy Act and the Freedom of Information Act. 462 - Claims Resulting from the Operation of Job Corps Section 416(b) of the Comprehensive Employment and Training Act, 1973, states "when the Secretary of Labor finds a claim for damage to persons or property resulting from the operation of the Job Corps to be a proper charge against the United States, and it is not cognizant under Section 2672 of Title 28, United States Code, the Secretary may adjust and settle it in an amount not exceeding $500." The Claims Officer, Regional Office of the Solicitor or Associate Solicitor, Department of Labor, will adjust and settle, in the amount not exceeding $500, claims for damage to persons or property which are not cognizable under the Federal Tort Claims Act, but which result from the operation of the Job Corps and are found to be proper charges against the United States. 1. Allowable Claims. A claim may be considered for payment under this provision if it meets all of the following criteria: a. It arises out of a tortious, criminal, intentional, or accidental act of a corpsmember. b. It is not cognizable under the Federal Tort Claims Act. c. The corpsmember involved was not within the geographical limits of their home town when the incident giving rise to the claim occurred, unless he or she was a corpsmember enrolled in a nonresidential program. d. The incident, giving rise to the claim, occurred on the center to which the corpsmember involved was assigned, or on authorized leave, or while on authorized travel to or from the center. When a corpsmember is traveling between the center and home, authorized travel status ceases upon arrival at home, and recommences upon leaving home to return to the center. 2. Disallowable Claims (Exclusions). A claim may not be considered for payment under this provision if: a. The claimant is a corpsmember. b. Person is a Federal employee whose duty station is a Job Corps Center and the claim is for a personal injury cognizable under the Federal Employees Compensation Act or for property damage or loss cognizable under the Military Personnel and Civilian Employees Claims Act. c. Losses of insurers, subrogates (a substitute such as a creditor who has assumed someone else's rights), assignees, and losses recoverable under contract. 3. Submission of Claims. Claims should be submitted on Standard Form 95, Claim For Damage, Injury or Death, the form provided for submission of claims under the Federal Tort Claims Act, or in any other form of writing which contains the information required by SF-95, including the declaration and agreement printed on item 13 of that form. Claims, where applicable, should also be accompanied by proof of original purchase price, and date of purchase of the damaged or lost items. 4. Processing of Claims. Claims will be investigated, documented and forwarded to the Regional Solicitor or Assistant Regional Solicitor, Department of Labor, having jurisdiction over the area in which the incident giving rise to the claim occurred, in the same manner as claims submitted under the Federal Tort Claims Act. 5. Availability of Procedures. A copy of these procedures shall be made available to any claimant. 463 - Claims for Lost, Damaged or Stolen Personal Property. Job Corps will assist corpsmembers protect their personal property while enrolled in Job Corps and will compensate them for losses under certain circumstances. 1. Responsibilities a. Corpsmembers. Corpsmembers are required to protect their own personal property from loss or damage while they are on center and to comply with center procedures to protect their personal property while away from the center. The loss, theft, or damage of any personal property shall be reported to a responsible staff member immediately upon its discovery. b. Center Director. When a corpsmember is on leave, is away from the center without permission for more than 24 hours, or is otherwise unable to protect personal property for an extended period of time, the corpsmember's personal property shall be deemed to be in the custody of the Center Director, provided the appropriate judgment to protect the belongings has been demonstrated by the corpsmember. Each Center Director shall develop and implement procedures to protect personal property during such periods of a corpsmember's absence. When personal property is in the custody of the Center Director and the corpsmember is not expected to return to the center, the Center Director shall ship the property to the corpsmember or the corpsmember's next of kin and place an inventory of items shipped along with shipping documents (including insurance receipts or evidence of declared value) in the corpsmember's permanent personnel records folder. Property must be insured or similarly protected while in transit. (Mailing, shipping, and insurance costs are an authorized center expense and should not be charged to the corpsmember.) 2. Guidelines for Compensation a. Corpsmembers may usually be compensated for losses under the following conditions: (1) When the loss or damage is the result of fire, flood, or other natural disaster, and the loss is not cognizable under the Federal Tort Claims Act or compensable by insurances. (2) When the loss or damage occurs while the property is in the actual protective custody of the Center Director. Where loss or damage occurs because of negligence or willful misconduct on the part of the center custodial personnel, liability shall rest with the Center Director. b. Corpsmembers will usually NOT be compensated for losses: (1) When the loss is the result of theft, unless the property was in actual custody of the Center Director at the time of the loss. (2) When the loss is the result of the corpsmember's own misconduct, negligence, neglect, or failure to follow center procedures developed to protect the corpsmember's personal property. (3) When the loss is the result of riotous or disorderly conduct in which the corpsmember participated. (4) When the loss involves items not permitted on center. c. When the loss or damage is the result of negligent or willful acts of another person, the corpsmember should be advised of the right to recover damages in local civil court proceedings. d. Claims for items lost or damaged in transit shall be filed with the shipper by the Center Director on behalf of the corpsmember or the corpsmember's next of kin. In some cases, the Center Director will be required to request the corpsmember's personnel records from the Regional Office in order to secure copies of the shipping documents. Local postal officials and the local agents of commercial shippers will assist in the processing of these claims. Payment should be made directly to the corpsmember by the shipper. Evidence of the disposition of the claim should be place in the corpsmember's personnel records folder. e. Problems involving clothing issued by the center to corpsmembers shall be resolved by the Center Director. 3. Procedures a. All claims for money damages or loss shall be submitted through Forest Service channels to the Regional Administrator for Job Corps for determination except: (1) Those which are settled at the center level in accordance with item (2) (c), (d), or (e) above. (2) Those based upon the theft of property valued at less than $30 when the property was clearly in the custody of the corpsmember at the time of the loss. b. A copy of the following documents shall be submitted in support of all claims under this item. A copy shall also be placed in the corpsmember's personnel records folder: (1) The Center Director's report of investigation and findings of fact. (2) The Center Director's recommendation regarding payment of the claim. (3) A complete inventory describing each item for which payment is claimed, showing the date of purchase and the purchase price, or the cost of repair. (4) Standard Form 95, Claim for Damage, Injury, or Death, filled out and signed by the corpsmember. (5) A copy of any center procedure or regulation when such regulations are material to the disposition of the particular claim. c. Upon receipt of a claim and the supporting documents described above, the Regional Administrator Job Corps shall promptly consider the case and either allow or disallow the claim in whole or part and notify the Center Director and the corpsmember of the decision. d. If the claim is allowed, the Regional Administrator Job Corps shall send a statement of acceptance to the corpsmember for signature and upon its return shall process it for payment. e. Upon receipt of the notice of disposition, the Center Director shall place a copy in the corpsmember's personnel records folder. 4. Limits of Compensation. The payment to any one corpsmember shall not exceed $200 per incident. Payment shall be allowed based upon the depreciated value of the item at the time of the damage or loss as contained in Army Regulations (AR)-27-20 of August 25, 1975, or the cost of repair, whichever is less. 464 - Federal Employees Compensation Act--Claims Against Third Party. Job Corps will advise and assist corpsmembers and/or their next of kin in processing claims against third parties in cases of injuries or death resulting from some action creating a legal liability upon some person other than the United States. (See JCH 330-TS F and K.) In all cases such as this, notice of potential third party damage claims shall be given to the Counsel for Claims, Office of the Solicitor, U.S. Department of Labor, Washington, D.C. 20213, along with documentation required under item 2 of this section. 1. Procedures. The Center Director or a representative shall inform the corpsmember that the corpsmember may be required to (1) prosecute or settle an action in corpsmember's name, or, (2) when requested, assign the cause of action to the United States. The Center Director shall advise the corpsmember (or if corpsmember is a minor, the next of kin, parent, or legal guardian) not to sign any waivers or other similar papers that may be presented to them by the third party or third party's representative without the approval of the Job Corps and the Counsel for Claims, Department of Labor. The corpsmember shall be advised of the right to consult an attorney and may select own attorney. When an attorney is obtained, notice thereof, including the name and address of the attorney, shall be given to Counsel for Claims, Department of Labor. This will ensure that the United States Government is reimbursed for benefits that may be rendered to the corpsmember. Unauthorized settlements may jeopardize FECA benefits. 2. Documentation. The Center Director or a representative shall conduct an investigation of third party liability and submit the findings as soon as possible to the Job Corps National Office Health Staff, and the Counsel for Claims, Department of Labor. Documentation should consist of: a. Name and address of third party. b. Name and address of third party's insurance company, as well as the insurance policy number, if obtainable. c. Copy of center accident or investigation report. d. Copy of police accident report. e. Witnesses' statements. f. Photographs of the scene of the accident. g. Accident report. h. Medical expenses incurred or value of medical services. i. Completed original Forms CA-1, Federal Employee's Notice of Traumatic Injury and Claim of Pay/Compensation, or CA-2, Federal Employee's Notice Occupational Disease and Claim for Compensation signed by the corpsmember and Center Director, where applicable. j. Completed original Form CA-6, Official Superior's Report of Employees's Death, if death resulted from the accident, signed by the appropriate parties. k. Any other available pertinent information. The above documentation shall be reviewed by the Center Director and the corpsmember or next of kin. 3. Maintenance of Records. The Center Director shall maintain in the corpsmember's health records folder a copy of all submitted forms as well as a separate record of all costs involved in furnishing medical care and treatment to the corpsmember. Except as herein provided, information or copies of material from the health records folders shall not be released without prior approval of the Counsel for Claims. 4. Responsibility. The quarterly report of Job Corps claims settled are to be forwarded to the Wshington Office Fiscal and Accounting Management Staff for transmittal to Department of Labor. Reports are due in the Washington Office on the 25th of the month following the end of the quarter, and will be reported on a check issued basis. Prepare reports in the following format and submit in duplicate. USDA - Forest Service Report of Job Corps Tort Claims Settled Region Period ending Date of Date Account of Amount of Personal injury and/ claim claim Settlement or property damage /s/ Regional Fiscal Agent 5. Mailing Addresses. Mailing addresses and areas of jurisdiction of the Regional Solicitors, U.S. Department of Labor, are: Region Mailing Address Area of Jurisdiction I John Fitzgerald Kennedy Connecticut New Hamsphire Federal Bldg. Gov't Center Maine Rhode Island Boston, Massachusetts 02203 Maine Vermont Massachusetts II Parcel Post Building New Jersey 341 Ninth Avenue New York New York, New York 10001 III 1015 Chestnut Street Delaware Maryland Philadelphia, PA 19107 Dist. Of Columbia Pennsylvania Pennslyvania IV 1371 Peachtree Street, Alabama Florida Rm. 339 Arkansas Georgia Atlanta, Georgia 30309 Louisiana North Carolina Mississippi South Carolina V Federal Office Building Michigan Ohio E-9th Street & Lakeside Ave., N.E. Cleveland, Ohio 44114 VI New Federal Ofc. Bldg. Illinois Room 712 Indiana 219 South Dearborn Street Minnesota Chicago, Illinois 60604 Wisconsin VII 1503 Federal Office Building Colorado Nebraska 911 Walnut Street Iowa North Dakota Kansas City, Missouri 64106 Kansas South Dakota Missouri Utah Montana Wyoming VIII Mayflower Building, Rm. 316 New Mexico 411 North Akard Street Oklahoma Dallas, Texas 75201 Texas IX Federal Building Alaska Idaho P. O. Box 36017 Arizona Nevada San Francisco, CA 94102 California Oregon Hawaii Washington X U. S. Courthouse Building Kentucky 801 Broad Street, Rm. 725 Tennessee Nashville, Tennessee 37203 Virginia West Virginia PR P. O. Box 9092 Canal Zone Santurce, Puerto Rico 00908 Puerto Rico